Orzeczenie Międzynarodowego Trybunału Sprawiedliwości w sprawie Australia przeciwko Japonii dotyczące połowu wielorybów z 2014 r. (tzw. Whaling) – głos międzynarodowego wymiaru sprawiedliwości w międzynarodowym dyskursie na temat ochrony wielorybów
The judgement of the International Court of Justice in the Whaling case – the voice of the international judiciary in the international discourse regarding the protection of whales

Summary/Abstract: The paper presents an overview of the dispute between Australia and Japan (with New Zealand intervening) concerning whaling in the Antarctic (Whaling case), which was settled by the International Court of Justice in its long-awaited judgment delivered on March 31, 2014. Japan, criticized by the international community and accused for illegal whaling, tried to qualify it as being conducted for purposes of scientific research. Apart from different interpretation of the International Convention for the Regulation of Whaling, 1946 (article VIII in particular) with its moratoriums on commercial whaling – faced by the ICJ – there is actually the need to strengthen the enforcement of the Convention (throw the amendment of the “Schedule” as an integral part of the Convention and, inter alia, non-binding resolutions on any matter concerning whales adopted by the International Whaling Commission). Undoubtedly, contemporary environmental problems have a different dimension respect the time when Convention was drafted. Therefore the new expectations have emerged: whether the International Court of Justice, through its jurisprudence, will try to strengthen the biodiversity conservation and sustainable development, including the welfare of whales.

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